Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:41113
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5867 of 2025 Sahil Kumar @ Bhola S/o Jitendra Kumar Aged About 19 Years R/o Punjabi Mohalle, Ghuddeva, Thana Bankimongra, District Korba (C.G.)
... Applicant versus State Of Chhattisgarh Through - Police Station - Bankimongra, District Korba (C.G.)
... Respondent For Applicant : Mr. Vikas Kumar Pandey, Adv. For Respondent/State : Mr. Pranjal Shukla, P.L.
Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 14/08/2025
1. The victim along with her uncle (chacha) appeared virtually through concerned DLSA before this Court today and recorded ‘no objection’ in granting bail to the applicant. 2. The applicant has preferred this 1st bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No.43/2025, registered at Police Station – Bankimongra, District- Korba (C.G.) for offence punishable under Sections 64 (2)(m) & 69 of the BNS and Sections 4 & 6 of the POCSO Act, 2012. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.08.14 16:55:39 +0530
2
3. The prosecution story, in short, is that father of the victim lodged a complaint in concerned police station stating therein that the applicant on the pretext of marriage committed sexual intercourse with her minor daughter since past 1 year and thereafter refused to marry with her. Based on above, offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there was a love relationship between the applicant and the victim. The victim has no objection in granting bail to the applicant. He lastly submits that the applicant is in jail since 09.05.2025, the charges have been framed, the trial has not commenced and it is likely to take some time to be finalized, therefore, it is prayed that the applicant may be enlarged on bail. 5. Per contra, learned Counsel appearing on behalf of the State opposes the bail application and submits that date of birth of the victim is 15.03.2007 and at the time of incident, she was minor. Furthermore, in her statement recorded under Sections 180 & 183 of BNSS, she supported the case of prosecution. Therefore, looking to the nature of offence, the applicant may not be released on bail. 6.
I have heard learned Counsel appearing for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, evidence collected by the prosecution against the applicant, the age of the victim, the nature of offence and the fact that as stated, even the trial has not commenced till date, at this stage, without further commenting on merits of the case, I am not inclined to release the applicant on bail. 8. Accordingly, the bail application is Rejected. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham